HomeMy WebLinkAbout3/21/2012 - STAFF REPORTS - 2H QALM Spy
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<.FORN% City Council Staff Report
Date: March 21, 2012 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 35544
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Carlos Saldivar, representing San Lorenzo Pride, LLC, an Ohio limited liability company,
has prepared a tract map for subdivision of property into a residential condominium lot
located at 588 San Lorenzo Road, in Section 23, Township 4 South, Range 4 East.
This is a ministerial action, as required by the Municipal Code and the Subdivision Map
Act.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 35544 FOR
PROPERTY LOCATED AT 588 SAN LORENZO ROAD, IN SECTION 23,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED
SUBDIVISION IMPROVEMENT AGREEMENT;" and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Carlos Saldivar, representing San Lorenzo Pride, LLC, an Ohio limited liability company,
has submitted Tract Map 35544 requesting that the property located at 588 San
Lorenzo Road, in Section 23, Township 4 South, Range 4 East, be subdivided into one
residential condominium parcel on a 1.75 acre site.
At its meeting of November 9, 2011, the Planning Commission recommended approval
of Tentative Tract Map 35544, which was subsequently approved by the City Council,
subject to conditions, on December 14, 2011.
ITEM NO. ��
City Council Staff Report
March 21, 2012- Page 2
Tract Map 35544
It has been determined that required conditions have been satisfied, that Tract Map
35544 is in substantial conformance with the approved Tentative Tract Map, and that
Tract Map 35544 is ready for City Council approval.
FISCAL IMPACT:
None.
SUBMITTED:
Prepared by: Recommended by:
/�O ju,a"4 Y�A� AL
Marcus L. uller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wi on, Asst. City Manager David H. Ready, Hager
ATTACHMENTS:
1. Map
2. Agreement
3. Resolution
02
ATTACHMENT
TRACT MAP 35544
03
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
SAN LORENZO PRIDE, LLC
AN OHIO LIMITED LIABILITY COMPANY
06
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement...............................................................................1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval .............................................................................1
1.3 Intent of Plans............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................................................................................2
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site ................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law.................................................................................3
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance...........................................................................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements...............................................................................4
2.3 Force Majeure............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence ..................................................................................5
3. Labor.....................................................................................................................5
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation.............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments.....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................8
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5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ..........................................................................9
6. Acceptance of Offers of Dedication.......................................................................9
7. Warranty of Work................................................................................................10
8. Default ................................................................................................................10
8.1 Remedies Not Exclusive .......................................................................... 10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................10
9. Indemnity............................................................................................................ 11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns'............,.....,..................—*..........*....*......,...*..... 11
10.2 No Third Party Beneficiaries..................................................................... 11
10.3 Entire Agreement; Waivers and Amendments .........................................11
11. Corporate Authority............................................................................................. 11
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2012, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and SAN LORENZO
PRIDE, LLC, An Ohio Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 35544 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
C. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement are a material consideration to City in approving the final
map for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $55,150.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
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1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
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1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Worts of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to fumish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
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1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such.items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
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acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
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3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$55,150.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $27,575.00 equal to 50% of the estimated construction cost referenced
in Section 1.1.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
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(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $8,2 22.50 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdividers interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
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Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
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(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
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execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
10 18
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
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(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
SAN LORENZO PRIDE, LLC, An Ohio Limited Liability Company
Check one: _Individual _Partnership_Corporation* J Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Douglas C. Leohr Name:
Title: Manager Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
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Mailing Address:
Douglas C. Leohr, Manager
San Lorenzo Pride, LLC
387 Medina Road, Suite 600
Medina, OH 44256-9674
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ALL-PURPOSE ACKNOWLEDGMENT
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF }
} SS
COUNTY OF }
On before me, Notary
Public,
DATE
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. (Seal)
WITNESS my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
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EXHIBIT "A"
TRACT MAP 35544 LEGAL DESCRIPTION
Tract Map No. 35544, as recorded in Map Book , Pages through inclusive, records
of Riverside County, California.
16
24
EXHIBIT "B"
TENTATIVE TRACT MAP 35544 CONDITIONS OF APPROVAL
17
2) 5 Y
RESOLUTION NO.
EXHIBIT A
Case 5.1151 PDD 341 AMND TTM 35W AMND
Timeshare Condominium Hotel Uses at
588 San Lorenzo Road
December 14, 2011
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer,the Director of Planning Services,the Director of Building and
Safety, the Chief of Police, the Fire Chief or their designee, depending on which department
recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case 5.1171
PDD 351 TTM 35544 AMND; except as modified with the approved Mitigation
Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the plans approved with the June 11, 2008 entitlement, including
site plans, architectural elevations, exterior materials and colors, landscaping, and
grading on file in the Planning Division except as modified by the approved
conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs Zoning
Ordinance, Municipal Code, and any other City County, State and Federal Codes,
ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Mao. This approval is for associated Tentative Tract Map 35544 located
at 588 San Lorenzo Road. This approval is subject to all applicable regulations of
the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of
Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or employees to
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Conditions of Approval Page 2 of 17
5.1171 Poo 351 AMND TTM 35544 December 14,2011
attach, set aside, void or annul, an approval of the City of Palm Springs, its
legislative body, advisory agencies, or administrative officers concerning Case
5.1171 AMND PDD 351 TTM 35544. The City of Palm Springs will promptly notify
the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in the
defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's consent but
should it do so, the City shall waive the indemnification herein, except, the City's
decision to settle or abandon a matter following an adverse judgment or failure to
appeal, shall not cause a waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair_ The property owner(s) and successors and assignees
in interest shall maintain and repair the improvements including and without
limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation,
lighting, signs, walls, and fences between the curb and property line, including
sidewalk or bikeway easement areas that extend onto private property, in a first
class condition, free from waste and debris, and in accordance with all applicable
law, rules, ordinances and regulations of all federal, state, and local bodies and
agencies having jurisdiction at the property owner's sole expense. This condition
shall be included in the recorded covenant agreement for the property if required
by the City.
ADM 8. Time Limit on Approval. Approval of the Planned Development District(PDD) and
Tentative Tract Map (TTM) shall be valid for a period of two (2) years from the
effective date of the approval. Extensions of time may be granted by the Planning
Commission upon demonstration of good cause.
Extensions of time on the Tentative Tract map may be approved pursuant to Code
Section 9.63.110. Such extension shall be required in writing and received prior to
the expiration of the original approval.
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the
Municipal Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based
upon the total building permit valuation as calculated pursuant to the valuation
table in the Uniform Building Code, the fee being 1/2% for commercial projects or
1/4% for residential projects with first $100,000 of total building permit valuation
for individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner
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Conditions of Approval Page 3 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of
a dedication, at the option of the City. The in-lieu fee shall be computed pursuant
to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated
by the fair market value of the land being developed plus the cost to acquire and
improve the property plus the fair share contribution, less any credit given by the
City, as may be reasonably determined by the City based upon the formula
contained in Ordinance No. 1632. In accordance with the Ordinance, the following
areas or features shall not be eligible for private park credit: golf courses, yards,
court areas, setbacks, development edges, slopes in hillside areas (unless the
area includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities and
circulation improvements such as bicycle, hiking and equestrian trails (unless such
systems are directly linked to the City's community-wide system and shown on the
City's master plan).
ADM 12. Community Services District. The Project will bring a significant number of
additional residents to the community. The Citys existing public safety and
recreation services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may determine to
form a Community Services District under the authority of Government Code
Section 53311 et seq., or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $500 annually with a
consumer price index escalator. The district shall be formed prior to sale of any
lots or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
ADM 13. CC&R's The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the Director of
Planning for approval in a format to be approved by the City Attorney. These
CC&R's may be enforceable by the City, shall not be amended without City
approval, and shall require maintenance of all property in a good condition and in
accordance with all ordinances
CC&R's.
ADM 14. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building
permits, the applicant shall submit a draft declaration of covenants, conditions and
restrictions ("CC&R's") to the Director of Planning for approval in a format to be
approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be
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Resolution No.
Conditions of Approval Page 4 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map. The
CC&R's may be enforceable by the City, shall not be amended without City
approval, and shall require maintenance of all property in a good condition and in
accordance with all ordinances,
ADM 15. CC&it's Deposits & Fees. The applicant shall submit to the City of Palm Springs,
a deposit in the amount of $3,500, for the review of the CC&R's by the City
Attorney. A $675 filing fee shall also be paid to the City Planning Department for
administrative review purposes.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special events,
roadway closures for special events and other activities which may occur in the
Central Business District, Desert Museum and Desert Fashion Plaza. Said
disclosure shall inform perspective buyers about traffic, noise and other activities
which may occur in this area.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 18. Condominium Hotel Regulations. Pursuant to Zoning Code Section 93.15.10.(D)
the following regulations are required for all Condominium Hotels:
a. It is the intent of this section to ensure that condominium hotels are operated
and govemed in substantially the same manner as hotels and or resort hotels.
The provisions of this section are designed to protect and preserve the density
requirements mandated in districts where hotels and resort hotels are allowed,
as well as preserving future land uses for short term transient accommodations
made available to the general public, visitors, and tourists. The regulations in
this section are intended to ensure that the land use and business operation of
condominium hotels remain an exclusively commercial enterprise. The
provisions of this section are in addition to the regulations relating to hotel or
resort hotel development found elsewhere in the Zoning Code.
b. All units in a condominium hotel may be used only for short term transient
accommodations.
c. Licensing will be required of all condominium hotels through all applicable state
and local agencies. All licenses must be kept current.
d. A unified management operation shall be required as an integral part of the
condominium hotel for all activities.
e. There shall be a lobby/front desk area where all guests and condo hotel unit
owners must register with the hotel operator upon arrival and departure, as in a
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Resolution No.
Conditions of Approval Page 5 of 17
5.1171 PDD 351 AMND TTM 35544 December 14.2011
hotel or resort hotel.
f. There shall be a uniform key entry system operated by the condominium hotel
manager to receive and disburse keys for each condominium hotel unit.
g. There must be one central telephone system operated by the condominium
hotel manager in order to access each condominium hotel unit.
h. All condo hotel units shall be subject to the provisions of Chapter 3.28 of the
Palm Springs Municipal Code relating to the imposition and collection of
transient occupancy taxes. Each condo hotel owner that allows the rental of his
or her condo hotel unit, either individually, through a rental agent, or through
participation in a rental program, is subject to the provisions of Chapter 3.28 of
the Palm Springs Municipal Code. The per diem transient occupancy tax
constitutes a lien by the city of Palm Springs and the city has the right but not
the duty to foreclose on a condo hotel unit for non-payment of taxes due.
i. Use of a condo hotel unit arising out of an exchange program with an affiliated
hotel property or the redemption of brand-related rewards or loyalty points shall
be subject to transient occupancy tax per Municipal Code Chapter 3.28 based
on the equivalent daily rental value for that room exchanged free of charge or
otherwise reduced in the program. Such use shall not be considered personal
use by the condo-hotel owner.
j. Condo hotel units shall not be used for homesteading purposes, home
occupational licensing, voter registration or vehicle registration.
k. As a commercial use, condominium hotels are to be entitled under the hotel
land use standards in any zone that allows the development of a hotel or resort
use; included in these standards are density, parking standards, payment of in-
lieu park fees ("Quimby"fees), and assessment of the public safety community
facilities district.
I. Nothing in this section allows for the creation of time-share or fractional
interests in any condo hotel unit.
m. All condominium hotels must have approved signage viewable by the general
public designating the property as a hotel or resort hotel.
n. A condo-hotel unit may be used for personal use of the condo-hotel unit owner.
Such personal use shall not exceed seventy-five (75) days in any consecutive
twelve (12) month period nor shall a condominium hotel unit be occupied by a
condo-hotel unit owner for more than twenty-eight (28) consecutive days.
Owners may delegate their right of use and occupancy directly or through an
exchange program. At all other times, units shall be used for short term
transient occupancy purposes only. If a condo hotel owner exceeds the
seventy-five (75)days of personal use restrictions described in this subsection,
the owner shall be subject to an assessment for each day in excess thereof
payable to the city in an amount as the council may adopt and amend by
resolution or as may be otherwise addressed as a condition of approval at the
time of the planned development district approval.
o. Each condo-hotel unit owner, the owners' association, and condominium hotel
manager or any other rental entity shall maintain and regularly make available
to city such information, books, records, and documentation, and also shall
allow reasonable access to individual units, as the city finds necessary to have
or review in order to ensure that city may determine the condominium hotel's
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
compliance with this section and other applicable city laws, regulations, project
conditions, and mitigation measures. The original and every subsequent
condominium hotel manager or other rental entity renting condo-hotel units
shall immediately advise the director of planning services of its name,
qualifications, address, telephone number, and the name of a contact person.
p. Any change or amendment to the CC&Rs shall require the approval of the
Palm Springs city council.
q. An owners' association shall be established to govern, maintain, and operate
the condominium hotel and its services including but not limited to
housekeeping for all public areas (including lobby and hallways), front desk,
concierge services, and other hospitality services as provided in a hotel or
resort hotel and in accordance with CC&Rs satisfactory to the city. The
CC&Rs, as well as other relevant documents, shall require all portions of the
condo-hotel including, but not limited to, landscape and open space areas;
lobby; hallways; parking; banquet/ballroom facilities; conference; restaurant;
retail; parking; recreational; and spa facilities; and other amenities and
improvements (collectively "amenities"), as well as the individual condominium
hotel units, their furniture, fixtures, equipment, to be maintained and operated
in accordance with first class hotel standard.
r. The CC&Rs shall require the owners' association to hire a single qualified
professional management entity to maintain and operate the condo-hotel. The
initial management entity shall have at least five (5) consecutive years of
experience in the hotel management business in hotels that meet the first class
standard and have at lease five (5) other properties (nationally or
internationally) under current management. The city shall be provided
appropriate documentation to demonstrate that the management entity meets
the requirements of this section. The city council may modify the experience
standards for the initial management, or any subsequent management entity
upon finding that the management entity has substitute experience meeting the
interests served by the standards. The CC&Rs shall give the owner's
association and management entity the right, power, and obligation to enforce
the first class standard including, without limitation, the right to enter any
portion of the condominium hotel, including individual condo-hotel units, and
cure any failure to meet the first class standard. The management entity shall
offer transient rental services to all condo-hotel unit owners.
s. The CC&R's shall give the condominium hotel manager the exclusive right to
provide to the condominium hotel, the property, and to unit owners, lessees,
and other occupants, any or all `on property' services commonly provided at
first class hotels, restaurants, and resorts, including without limitation,
reservation programs, maid and housekeeping services, maintenance, laundry
and dry cleaning, room service, catering and other food and beverage
services, massage, and personal training and other spa services. The use of
such services, if offered, shall be conditioned upon payment of such charges
or fees as may be imposed on unit owners or hotel guests by the condominium
hotel manager. The CC&Rs shall include mandatory and uniform maintenance
requirements for condo-hotel units. The owners' association and its designees
shall have the exclusive right to restrict and control access to any and all
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
shared facilities within the condominium hotel, provided the same does not
restrict a unit owner's right of access to its own unit. The condominium hotel
manager shall monitor and document the use of each and all of the hotel units.
t. All condominium hotels must have customary daily maid services, back of
house services, and other hospitality services.
u. In addition to any other prohibition at law, including, without limitation, any
other provision of the Palm Springs Municipal Code or the Zoning Code,
condominium hotels and/or condo hotel units shall not be converted to any
other use without the approval of the city council.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local
Development Mitigation Fee(LDMF)required. Does not apply.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted by
the applicant in the form of a money order or a cashier's check payable to the
Riverside County Clerk within two business days of the Commission's final action
on the project. This fee shall be submitted by the City to the County Clerk with the
Notice of Exemption. Action on this application shall not be considered final until
such fee is paid (projects that are Categorically Exempt from CEQA).
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish and
game impact fee as defined in Section 711.4 of the California Fish and Game
Code. This CFG impact fee plus an administrative fee for filing the action with the
County Recorder shall be submitted by the applicant to the City in the form of a
money order or a cashier's check payable to the Riverside County Clerk prior to
the final City action on the project (either Planning Commission or City Council
determination). This fee shall be submitted by the City to the County Clerk with
the Notice of Determination. Action on this application shall not be final until such
fee is paid. The project may be eligible for exemption or refund of this fee by the
California Department of Fish & Game. Applicants may apply for a refund by the
CFG at www.dfa.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric
site plan showing the project's conformance with Section 93.21.00 Outdoor
Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for
approval by the Department of Planning prior to issuance of a building permit.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be included. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water
Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
Code and all other water efficient landscape ordinances. The applicant shall
submit a landscape and irrigation plan to the Director of Planning for review and'
approval prior to the issuance of a building permit. Landscape plans shall be wet
stamped and approved by the Riverside County Agricultural Commissioner's
Office prior to submittal. Prior to submittal to the City, landscape plans shall also
be certified by the local water agency that they are in conformance with the water
agency's and the State's Water Efficient Landscape Ordinances.
PLN 3. Sian Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to the
Department of Planning Services prior to the issuance of building permits.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to Caldomia
Title 24 thermal standards for `Cool Roofs'. Such roofs must have a minimum
initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70.
Only matte (non-specular) roofing is allowed in colors such as off-white, beige or
tan.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall
be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s)that are visible from adjacent
streets or residential and commercial areas.
PLN 8. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval by
the Planning Department prior to issuance of Building Permits.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 11. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management plan
has been approved.
PLN 12. Bicycle Parking. The project shall be required to provide secure bicycle parking
facilities on site for use by residents and commercial/retail patrons and owners.
Location and design shall be approved by the Director of Planning.
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PLN 13. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in accordance
with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that are to
be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for joint
access to the proposed parcels and open space restrictions. The approved
documents shall contain a provision which provides that they may not be
terminated or substantially amended without the consent of the City and the
developer's successor-in-interest.
PLN 14. (add any additional conditions imposed by the Planning Commission or City
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes"
of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval
is subject to the following conditions being completed in compliance with City standards
and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of--way require a City of Palm
Springs Encroachment Permit.
SAN LORENZO ROAD
ENG 2. Remove the existing street improvements (curb, gutter, sidewalk, and
driveway approaches) as necessary to construct a wedge or roll curb 20 feet
north of centerline along the entire project frontage.
ENG 3. Construct a sidewalk from back of curb to property line along the entire
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 4. Construct street improvements in accordance with applicable City standards
as required by the City Engineer.
ENG 5. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00 (Cx15xe). Bay parting
stalls shall be located completely on-site, behind sidewalk, and not within
public right-of-way.
ENG 6. Constrict pavement as necessary with a minimum pavement section of 3
inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing No.
110 and 300. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval
RANDOM ROAD
ENG 7. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
ENG 8. The minimum pavement section for all on-site pavement (for drive aisles and
parking spaces) shall be 2'h inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal_ If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ENG 9. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless attemative materials meeting state and federal accessibility standards
is approved by the City Engineer.
SANITARY SEWER
ENG 10. All on-site sewer systems shall be privately maintained.
GRADING
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Conditions of Approval Page 11 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
ENG 11. Submit a Precise Grading and Paving Plan prepared by a California
registered civil engineer to the Engineering Division for review and approval.
The Precise Grading and Paving Plan shall be approved by the City Engineer
prior to issuance of grading permit.
• A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that has completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to
approval of the Precise Grading and Paving Plan.
• The first submittal of the Precise Grading and Paving Plan shall include
the following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
site plan; a copy of current Title Report; and a copy of soils project.
ENG 12. Prior to approval of the Grading Plan or issuance of a Grading Permit, the
applicant shall obtain written approval to proceed with construction from the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to
determine their requirements, if any, associated with grading or other
construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it
is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 14. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading plan
for the proposed development. A copy of the GeotechnicaVSoils Report shall be
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Resolution No.
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5.1171 POD 351 AMND TTM 35544 December 14,2011
submitted to the Engineering Division with the first submittal of a grading plan.
ENG 15. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
DRAINAGE
ENG 16. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to San Lorenzo Road or Random Road. Provisions for the
interception of nuisance water from entering adjacent public streets from the
project site shall be provided through the use of a minor storm drain system
that collects and conveys nuisance water to landscape or parkway areas, and
in only a stormwater runoff condition, pass runoff directly to the streets
through parkway or under sidewalk drains.
ENG 17. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Regan from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre-treating contaminated
stormwater and non-stormwater runoff, will be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design
and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater and non-
stormwater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer
and the RWQCB. Such measures shall be designed and installed on-site; and
provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any).Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management
Practices(BMP's).
ENG 18. All on-site storm drain systems shall be privately maintained.
GENERAL
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
ENG 19. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets
as required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water
Agency, Southern California Edison, Southern California Gas Company, Time
Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts
within existing asphalt concrete pavement of off-site streets required by the
proposed development may require complete grinding and asphalt concrete
overlay of the affected off-site streets, at the discretion of the City Engineer.
The pavement condition of the existing off-site streets shall be returned to a
condition equal to or better than existed prior to construction of the proposed
development.
ENG 20. All proposed utility lines shall be installed underground.
ENG 21. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the north and west property lines, meet the
requirement to be installed underground. Utility undergrounding shall extend
to the nearest off-site power pole; no new power poles shall be installed
unless otherwise approved by the City Engineer.A letter from the owners of
the affected utilities shall be submitted to the Engineering Division prior to
approval of a grading plan, informing the City that they have been notified of
the City's utility undergrounding requirement and their intent to commence
design of utility undergrounding plans. When available, the utility
undergrounding plan shall be submitted to the Engineering Division identifying
all above ground facilities in the area of the project to be undergrounded.
Undergrounding of existing overhead utility lines shall be completed prior to
issuance of a certificate of occupancy.
ENG 22. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
ENG 23. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of a
DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange
file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type
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5.1171 PDD 351 AMND TTM 35544 December 14, 2011
and format of the digital data to be submitted to the City may be authorized,
upon prior approval of the City Engineer.
ENG 24. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 25. Nothing shall be constructed or planted in the comer cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 26. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 27. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcels and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 28. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the following
data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments
(ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown
as continuous lines; full map annotation consistent with annotation shown on
the map; map number, and map file name. G.I.S. data format shall be
provided on a CDROM/DVD containing the following: ArcGIS Geodatabase,
ArcView Shapefile, Arclnfo Coverage or Exchange file(e00), DWG (AutoCAD
2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variations of the type and format of G.I.S. digital data to be submitted to the
City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
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5.1171 POD 351 AMND TTM 35544 December 14,2011
ENG 29. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks or pedestrian paths of
travel shall be provided by either an additional dedication of a sidewalk
easement (if necessary) and widening of the sidewalk, or by the relocation of
any obstructions within the public sidewalk along the San Lorenzo Road and
Random Road frontages of the subject property.
ENG 30. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with Part 6 'Temporary Traffic Control" of the California
Manual on Uniform Traffic Control Devices for Streets and Highways, dated
September 26, 2006, or subsequent editions in force at the time of
construction.
FIRE DEPARTMENT CONDITIONS
No new conditions.
(REVISED CONDITIONS pursuant 6-11-08 Planning Commission Hearin )
FID 1 Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers in
plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the
background.
FID 2 Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel locations, sprinkler riser and fire
alarm locations. Large projects may require more than one page.
FID 3 Road Design: Fire apparatus aocess into parking area shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.2.2 CFC). The minimum inside tuming radius into
the parking area is 30 feet, with an outside radius of 45 feet.
FID 4 Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width
when in the open position and equipped with a Knox (emergency access) key
switch. A Knox key operated switch shall be installed at every automatic gate.
Show location of switch on plan. Show requirement in plan notes.
FID 5 Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. Plan shows Palm
Trees that must not restrict vertical clearance. (902.2.2.1 CFC)
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5.1171 PDD 351 AMND TTM 355" December 14,2011
FID 6 Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped
with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet
above grade. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
FID 7 Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex-
FID 8 Fire Flow: The available fire flow of the existing water main is 1,250 GPM. Current
California Fire Code Section 508.3 (Fire Flow) and Appendix B (Fire Flow
Requirements) Table B105 set forth the fire flow requirements for this project at
3,500 GPM from four(4) hydrants. Applicant will need to upgrade water mains to
meet required fire flow demands.
FID 9 A fire flow reduction of fifty percent (50%)can be obtained with the installation of a
NFPA 13R residential fire sprinkler system.
FID 10 Operational Fire Hydrants: An operational fire hydrant(s) shall be installed
within 25V of all combustible construction. No landscape planting, walls, or
fencing is permitted within 3 feet of fire hydrants, except groundcover plantings.
(1001.7.2 CFC)
FID 11 Residential Smoke Detector Installation: Provide Residential Smoke
Detectors. Detectors shall receive their primary power from the building wiring,
and shall be equipped with a battery backup. (310.9.1.3 CBC) In new
construction, detectors shall be interconnected so that operation of any smoke
detector causes the alarm in all smoke detectors within the dwelling to sound. (2-
2.2.1 NFPA 72) Provide a note on the plans showing this requirement.
FID 12 Trash Container Protection: If trash container space is within 5 feet of a
building wall provide information on the type and size of trash container to be
stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then
the container must be protected by an approved automatic fire sprinkler.
(1103.2.2 CFC)
FID 13 Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers
shall be mounted in a visible, accessible location 3 to 5 feet above floor level.
Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
FID 14 Fencing Required: Construction site fencing with 20 foot wide access gates is
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5.1171 PDD 351 AMND TTM 35544 December 14, 2011
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
FID 15 Access During Construction: Access for firefighting equipment shall be
provided to the immediate job site at the start of construction and maintained until
all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical clearance
of not less than 13'6". Fire Department access roads shall have an all weather
driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC)
END OF CONDITIONS
42
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
35544 FOR PROPERTY LOCATED AT 588 SAN LORENZO
ROAD, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A RELATED SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, the Planning Commission, at its meeting of November 9, 2011,
recommended approval of Tentative Tract Map 35544, prepared by Carlos Saldivar
representing San Lorenzo Pride, LLC, an Ohio limited liability company, for the above
described property; and
WHEREAS, the City Council at its meeting of December 14, 2011, approved Tentative
Tract Map 35544 subject to conditions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. Final Map 35544 is in substantial conformance with approved Tentative Tract
Map 35544; and
2. Requisite conditions associated with Tentative Tract Map 35544 have been
satisfied; and
3. Final Map 35544 is in conformance with the General Plan; and
4. Final Map 35544 conforms to all requirements of the Subdivision Map Act of the
State of California; and
5. The City Manager is hereby authorized to enter into a Subdivision Improvement
Agreement with the subdivider and to accept subdivision improvement security in
conformance with the requirements therein for construction of required public
improvements; and
6. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder; and
7. Final Map 35544 is hereby approved for purposes therein defined.
ADOPTED THIS 21 st day of March, 2012.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on March 21, 2012, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
44